CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Authority or its predecessors issued AD/ENST 28/6 affecting Enstrom F-28 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/ENST 28/6. The cancellation will become effective on 27 August 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves as the foundational legislation governing civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide further detail and oversight, particularly in ensuring the continuing airworthiness of aircraft. The issuance of airworthiness directives (ADs) is a key mechanism within these regulations, allowing the Civil Aviation Safety Authority (CASA) to mandate safety requirements based on assessments and international obligations. The ADs are legislative instruments that align with international standards set by the International Civil Aviation Organization (ICAO), ensuring consistency and safety across global aviation practices. The Act and its subsidiary regulations enable CASA to address safety concerns and ensure compliance with international conventions, as exemplified by the recent cancellation of an AD affecting Enstrom F-28 series helicopters, which was aligned with Australia’s commitments under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These regulations aim to ensure the safety of air navigation, with CASA acting as Australia's national airworthiness authority. As a legislative instrument, an AD is subject to disallowance under the Acts Interpretation Act 1901, and its creation follows the principles outlined in the Legislative Instruments Act 2003. ADs are pivotal in maintaining the continuing airworthiness of aircraft, a responsibility that falls to the State of Registry under Annex 8 of the Convention on International Civil Aviation. The ADs are typically issued by the State of Design and must be assessed and potentially adopted by CASA, which issued the AD/ENST 28/6 for Enstrom F-28 series helicopters before subsequently cancelling it on 27 August 2009 due to the resolution of the unsafe condition. The process of issuing and cancelling ADs is governed by Australia's obligations under international civil aviation conventions and does not necessitate public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as amended, provides a framework for ensuring the safety of air navigation in Australia. Under section 98 (1), the Governor-General has the power to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The authority to issue these directives is integral to maintaining safety standards and ensuring compliance with international aviation safety protocols.
The obligations placed on the parties governed by these regulations are substantial and revolve around the maintenance of airworthiness. The State of Design, which is the country where the aircraft type is designed, has the overarching responsibility for ensuring the continuing airworthiness of the aircraft type, and must provide necessary information to the States of Registry. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. In Australia, CASA, as the national airworthiness authority, is responsible for assessing any ADs issued by the State of Design and, if deemed necessary, issuing Australian ADs to enforce the requirements set by the State of Design.
Non-compliance with airworthiness directives can lead to severe consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly outline offences or penalties related to ADs, violations of the Act or the Regulations can result in significant civil or criminal penalties. For instance, failure to comply with an AD may result in the aircraft being deemed unairworthy, which could lead to enforcement actions by CASA. The potential penalties include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Civil Aviation Act 1988 and other related legislation.
In the specific case of AD/ENST 28/6 concerning Enstrom F-28 series helicopters, CASA assessed the AD and decided to cancel it. This decision was made in accordance with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which pertains to airworthiness of aircraft. The cancellation of AD/ENST 28/6, which became effective on 27 August 2009, indicates that the unsafe condition previously identified no longer exists, and thus, no replacement AD was required. The process of cancelling this AD did not involve public consultation, as it was determined that ADs do not require a Regulatory Impact Statement. Instead, the AD was made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in line with subsection 84A(2) of the Act.